THE UNITED STATES, plaintiff-appellee, vs.

LING SU FAN, defendant-

appellant
G.R. No. L-3962, 10 February 1908, JOHNSON

FACTS:

It is an APPEAL from a judgment of the Court of First Instance of Manila. This defendant was
accused of the offense of "exporting from the Philippine Islands Philippine silver coins," in a
complaint filed in the Court of First Instance of the city of Manila.

Ling Su Fan was accused of ATTEMPTING TO EXPORT Philippine silver coins from the
Philippine Islands on December 12, 1906 in the City of Manila, Philippine Islands.

Ling Su Fan was freight clerk, supercargo, comprador, and person in charge of all shipments of
freight on board the steamship Taming when it was about to depart from the port of Manila,
Philippine Islands, to the port of Hongkong and allegedly place, conceal, and hide the sum of
twenty thousand six hundred (20,600) pesos in Philippine silver coins, coined by authority of the
act of Congress approved March 2, 1903, in his stateroom on board the said steamship Taming
with the intent of exporting the said Philippine silver coins from the Philippine Islands to the
port.

The defendant presented the following demurrer against the complaint:

"1.That said complaint does not conform substantially to the prescribed form.
"2.That the facts charged do not constitute a public offense.
"3.That the said complaint is contrary to the provisions of the fourteenth amendment of the
Constitution of the United States of America and also contrary to paragraph 1 of section 5 of the
act of Congress of the United States of America dated July 1, 1902.

The demurrer was not well taken. Defendant was arraigned and pleaded NOT GUILTY.

The lower court also finds the defendant and his witnesses’ statements not acceptable and found
him guilty of the offense charged. He was sentenced an imprisonment of 60 days and a fine of
Php200.

The defendant appealed the case and made the following assignment of errors:
(1) That the court below erred in overruling the demurrer presented to the complaint by the
defendant and appellant; and
(2) That the sentence of the court below was contrary to law and to the great weight of evidence.